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HB 4: "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage or controlled substance; relating to implied consent to take a chemical test; relating to registration of motor vehicles; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date."

00 HOUSE BILL NO. 4 01 "An Act relating to offenses involving operating a motor vehicle, aircraft, or watercraft 02 while under the influence of an alcoholic beverage or controlled substance; relating to 03 implied consent to take a chemical test; relating to registration of motor vehicles; 04 relating to presumptions arising from the amount of alcohol in a person's breath or 05 blood; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 FINDINGS AND INTENT. (a) The legislature finds that 10 (1) driving on state highways is a privilege granted to citizens; 11 (2) in order to keep the privilege of driving on state highways, a citizen must 12 follow state laws regarding safe driving; 13 (3) in 1998, there were 71 vehicle-related deaths in the state, and 31 were

01 alcohol-related; 02 (4) Alaska ranks in the top 15 states in terms of alcohol-related traffic 03 fatalities. 04 (b) It is the intent of this Act to reduce the number of alcohol-related traffic accidents 05 and fatalities. 06 * Sec. 2. AS 09.60.070(c)(14) is amended to read: 07 (14) driving while under the influence of an alcoholic beverage or 08 controlled substance [INTOXICATED] or another crime resulting from the operation 09 of a motor vehicle, boat, or airplane when the offender is under the influence of an 10 alcoholic beverage or controlled substance [INTOXICATED]; 11 * Sec. 3. AS 11.41.120(a) is amended to read: 12 (a) A person commits the crime of manslaughter if the person 13 (1) intentionally, knowingly, or recklessly causes the death of another 14 person under circumstances not amounting to murder in the first or second degree, or 15 vehicular homicide; or 16 (2) intentionally aids another person to commit suicide. 17 * Sec. 4. AS 11.41 is amended by adding a new section to read: 18 Sec. 11.41.125. Vehicular homicide. (a) A person commits the crime of 19 vehicular homicide if the person intentionally, knowingly, or recklessly operates a 20 motor vehicle, aircraft, or watercraft while under the influence of an alcoholic 21 beverage or controlled substance in violation of AS 28.35.030(a) and in a manner that 22 causes the death of another person. 23 (b) Vehicular homicide is a class A felony. Upon conviction, the court shall 24 impose a minimum sentence of imprisonment of not less than 25 (1) 10 years if the person has not been previously convicted; and 26 (2) 15 years if the person has been previously convicted. 27 (c) In this section, "previously convicted" means having been convicted in this 28 or another jurisdiction of vehicular homicide in violation of this section or in violation 29 of another law with similar elements. 30 * Sec. 5. AS 12.25.033 is amended to read: 31 Sec. 12.25.033. Arrest without warrant for operating vehicle while under

01 the influence of an alcoholic beverage or controlled substance [INTOXICATED]. 02 A peace officer may arrest a person without a warrant, whether or not the offense is 03 committed in the presence of the officer, when the officer has probable cause to 04 believe that the person to be arrested has committed the crime of operating a motor 05 vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a similar city or 06 borough ordinance, if the violation is alleged to have occurred less than eight hours 07 before the time of arrest. 08 * Sec. 6. AS 12.55.125(c) is amended to read: 09 (c) Except as provided under AS 11.41.125, a [A] defendant convicted of a 10 class A felony may be sentenced to a definite term of imprisonment of not more than 11 20 years, and shall be sentenced to the following presumptive terms, subject to 12 adjustment as provided in AS 12.55.155 - 12.55.175: 13 (1) if the offense is a first felony conviction and does not involve 14 circumstances described in (2) of this subsection, five years; 15 (2) if the offense is a first felony conviction 16 (A) other than for manslaughter and the defendant possessed a 17 firearm, used a dangerous instrument, or caused serious physical injury during 18 the commission of the offense, or knowingly directed the conduct constituting 19 the offense at a uniformed or otherwise clearly identified peace officer, fire 20 fighter, correctional employee, emergency medical technician, paramedic, 21 ambulance attendant, or other emergency responder who was engaged in the 22 performance of official duties at the time of the offense, seven years; 23 (B) for manslaughter and the conduct resulting in the 24 conviction was knowingly directed towards a child under the age of 16, seven 25 years; 26 (3) if the offense is a second felony conviction, 10 years; 27 (4) if the offense is a third felony conviction and the defendant is not 28 subject to sentencing under (l) of this section, 15 years. 29 * Sec. 7. AS 18.67.101 is amended to read: 30 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 31 board may order the payment of compensation in accordance with the provisions of

01 this chapter for personal injury or death that resulted from 02 (1) an attempt on the part of the applicant to prevent the commission of 03 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 04 officer to do so, or aiding a victim of crime; or 05 (2) the commission or attempt on the part of one other than the 06 applicant to commit any of the following offenses: 07 (A) murder in any degree; 08 (B) manslaughter; 09 (C) criminally negligent homicide; 10 (D) assault in any degree; 11 (E) kidnapping; 12 (F) sexual assault in any degree; 13 (G) sexual abuse of a minor; 14 (H) robbery in any degree; 15 (I) threats to do bodily harm; or 16 (J) driving while under the influence of an alcoholic 17 beverage or controlled substance [INTOXICATED] or another crime 18 resulting from the operation of a motor vehicle, boat, or airplane when the 19 offender is under the influence of an alcoholic beverage or controlled 20 substance [INTOXICATED]. 21 * Sec. 8. AS 28.10.041 is amended by adding a new subsection to read: 22 (d) The department shall refuse to register a vehicle if the applicant 23 (1) does not have a valid driver's license and the applicant's license or 24 privilege to obtain a license has been suspended or revoked; 25 (2) fails to provide evidence satisfactory to the department that the 26 applicant has motor vehicle insurance as required by AS 28.22; or 27 (3) fails to register the vehicle in the applicant's legal name. 28 * Sec. 9. AS 28.15.046(d) is amended to read: 29 (d) The department may not issue a license to an applicant who has been 30 convicted of driving while under the influence of an alcoholic beverage or 31 controlled substance [INTOXICATED] under AS 28.35.030 within two years of the

01 time of application or to an applicant who has two or more convictions for driving 02 while under the influence of an alcoholic beverage or controlled substance 03 [INTOXICATED] within 10 years of the time of application. 04 * Sec. 10. AS 28.15.081(a) is amended to read: 05 (a) The department shall examine every applicant for a driver's license. The 06 examination must include a test of the applicant's (1) eyesight, (2) ability to read and 07 understand official traffic control devices, (3) knowledge of safe driving practices, (4) 08 knowledge of the effects of alcohol and drugs on drivers and the dangers of driving 09 under the influence of alcohol or drugs, (5) knowledge of the laws on driving while 10 under the influence of an alcoholic beverage or controlled substance 11 [INTOXICATED], (6) knowledge of the laws on financial responsibility and 12 mandatory motor vehicle liability insurance, and (7) knowledge of the traffic laws and 13 regulations of the state. The examination may include a demonstration of ability to 14 exercise ordinary and reasonable control in the driving of a motor vehicle of the type 15 and general class of vehicles for which the applicant seeks a license. However, an 16 applicant who has not been previously issued a driver's license by this or another 17 jurisdiction shall demonstrate ability and shall present medical information that the 18 department reasonably requires to determine fitness to safely drive a motor vehicle of 19 the type and general class of vehicles for which the applicant seeks a license. 20 * Sec. 11. AS 28.15.165(c) is amended to read: 21 (c) Unless the person has obtained a temporary permit or stay of a 22 departmental action under AS 28.15.166, if the chemical test administered under 23 AS 28.33.031(a) or AS 28.35.031(a) or (g) produced a result described in 24 AS 28.35.030(a)(2) or the person refused to submit to a chemical test authorized under 25 AS 28.33.031(a) or AS 28.35.031(a) or (g), the department shall revoke the person's 26 license, privilege to drive, or privilege to obtain a license, shall refuse to issue an 27 original license, and, if the chemical test administered under AS 28.33.031(a) 28 produced a result described in AS 28.33.030(a)(2) or the person refused to submit to a 29 chemical test authorized under AS 28.33.031(a), shall disqualify the person. The 30 department's action takes effect seven days after delivery to the person of the notice 31 required under (a) of this section, and after receipt of a sworn report of a law

01 enforcement officer 02 (1) that a chemical test administered under AS 28.33.031(a) or 03 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2), that a 04 chemical test administered under AS 28.33.031(a) produced a result described in 05 AS 28.33.030(a)(2), or that a person refused to submit to a chemical test authorized 06 under AS 28.33.031(a) or AS 28.35.031(a) or (g); 07 (2) that notice under (a) of this section was provided to the person; and 08 (3) describing the 09 (A) circumstances surrounding the arrest and the grounds for 10 the officer's belief that the person operated a motor vehicle, commercial motor 11 vehicle, or aircraft while under the influence of an alcoholic beverage or 12 controlled substance [INTOXICATED] in violation of AS 28.33.030 or 13 AS 28.35.030; or 14 (B) grounds for the officer's belief that the person operated a 15 motor vehicle or commercial motor vehicle that was involved in an accident 16 causing death or serious physical injury to another person. 17 * Sec. 12. AS 28.15.166(g) is amended to read: 18 (g) The hearing for review of action by the department under AS 28.15.165 19 shall be limited to the issues of whether the law enforcement officer had probable 20 cause [REASONABLE GROUNDS] to believe that the person was operating a motor 21 vehicle or commercial motor vehicle that was involved in an accident causing death or 22 serious physical injury to another, or that the person was operating a motor vehicle, 23 commercial motor vehicle, or aircraft while under the influence of an alcoholic 24 beverage or controlled substance [INTOXICATED] in violation of AS 28.33.030 or 25 AS 28.35.030 and whether 26 (1) the person refused to submit to a chemical test authorized under 27 AS 28.33.031(a) or AS 28.35.031(a) or (g) after being advised that refusal would 28 result in disqualification or the suspension, revocation, or denial of the person's 29 license, privilege to drive, or privilege to obtain a license, and that the refusal is a 30 misdemeanor; 31 (2) the chemical test administered under AS 28.33.031(a) or

01 AS 28.35.031(a) or (g) produced a result described in AS 28.35.030(a)(2); or 02 (3) the chemical test administered under AS 28.33.031(a) produced a 03 result described in AS 28.33.030(a)(2). 04 * Sec. 13. AS 28.15.181(a) is amended to read: 05 (a) Conviction of any of the following offenses is grounds for the immediate 06 revocation of a driver's license, privilege to drive, or privilege to obtain a license: 07 (1) manslaughter or negligent homicide resulting from driving a motor 08 vehicle; 09 (2) a felony in the commission of which a motor vehicle is used; 10 (3) failure to stop and give aid as required by law when a motor 11 vehicle accident results in the death or personal injury of another; 12 (4) perjury or making a false affidavit or statement under oath to the 13 department under a law relating to motor vehicles; 14 (5) operating a motor vehicle or aircraft while under the influence of 15 an alcoholic beverage or controlled substance [INTOXICATED]; 16 (6) reckless driving; 17 (7) using a motor vehicle in unlawful flight to avoid arrest by a peace 18 officer; 19 (8) refusal to submit to a chemical test authorized under 20 AS 28.33.031(a) or AS 28.35.031(a) while under arrest for operating a motor vehicle, 21 commercial motor vehicle, or aircraft while under the influence of an alcoholic 22 beverage or controlled substance [INTOXICATED], or authorized under 23 AS 28.35.031(g); 24 (9) driving while license, privilege to drive, or privilege to obtain a 25 license, canceled, suspended, or revoked, or in violation of a limitation; 26 (10) vehicle theft in the first degree in violation of AS 11.46.360 or 27 vehicle theft in the second degree in violation of AS 11.46.365. 28 * Sec. 14. AS 28.15.181(c) is amended to read: 29 (c) A court convicting a person of an offense described in (a)(5) or (8) of this 30 section arising out of the operation of a motor vehicle, commercial motor vehicle, or 31 aircraft shall revoke that person's driver's license, privilege to drive, or privilege to

01 obtain a license. The revocation may be concurrent with or consecutive to an 02 administrative revocation under AS 28.15.165. The court may not, except as provided 03 in AS 28.15.201, grant limited license privileges during the minimum period of 04 revocation. The minimum periods of revocation are [:] 05 (1) not less than 45 days if the person has not been previously 06 convicted and if the court has suspended the execution of the sentence of 07 imprisonment under AS 28.35.030(b)(1)(A)(i); 08 (2) not less than 90 days if the person has not been previously 09 convicted and if the court has not suspended the execution of the sentence of 10 imprisonment under AS 28.35.030(b)(1)(A)(i); 11 (3) [(2)] not less than one year if the person has been previously 12 convicted once; 13 (4) [(3)] not less than 3 years if the person has been previously 14 convicted twice; 15 (5) [(4)] not less than 5 years if the person has been previously 16 convicted more than twice. 17 * Sec. 15. AS 28.15.201(d) is amended to read: 18 (d) A court revoking a driver's license, privilege to drive, or privilege to obtain 19 a license under AS 28.15.181(c)(2), (3), (4), or (5) [AS 28.15.181(c)], or the 20 department when revoking a driver's license, privilege to drive, or privilege to obtain a 21 license under AS 28.15.165(c), may grant limited license privileges for the final 60 22 days during which the license is revoked if 23 (1) the revocation was for a violation of AS 28.15.181(a)(5) and not 24 for a violation of AS 28.15.181(a)(8); 25 (2) the person has not been previously convicted; in this paragraph, 26 "previously convicted" has the meaning given in AS 28.35.030 and also includes 27 convictions based on laws presuming that the person was under the influence of 28 intoxicating liquor if there was 0.08 percent or more by weight of alcohol in the 29 person's blood; 30 (3) the court or the department determines that the person's ability to 31 earn a livelihood would be severely impaired without a limited license;

01 (4) the court or the department determines that a limitation under (a) of 02 this section can be placed on the license that will enable the person to earn a livelihood 03 without excessive danger to the public; and 04 (5) the court or the department determines that the person is enrolled in 05 and is in compliance with, or has successfully completed, an alcoholism education and 06 rehabilitation treatment program. 07 * Sec. 16. AS 28.15.201 is amended by adding a new subsection to read: 08 (e) A court revoking a driver's license, privilege to drive, or privilege to obtain 09 a license under AS 28.15.181(c)(1), or the department when revoking a driver's 10 license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may 11 grant limited license privileges for the final 30 days during which the license is 12 revoked. During the remainder of the probationary period imposed under 13 AS 28.35.030(b)(1)(A)(i) that follows the period of revocation imposed under 14 AS 28.15.181(c)(1), a person may only obtain limited license privileges. The court 15 revoking the license and privileges may grant limited license privileges necessary to 16 enable the person to earn a livelihood without excessive risk or danger to the public. 17 If the court grants limited license privileges, the court shall issue to the person a 18 certificate valid for the duration of the probation. The person who has received 19 limited license privileges under this subsection shall comply with AS 28.20 relating to 20 proof of financial responsibility. Upon successful completion of probation, the person 21 may apply for a new license under AS 28.15.211. 22 * Sec. 17. AS 28.15.211(d) is amended to read: 23 (d) At the end of a period of revocation or limitation following a revocation, a 24 person whose driver's license has been revoked may apply to the department for the 25 issuance of a new license, but shall submit to reexamination, pay all required fees 26 including a reinstatement fee, and, if the license was revoked under 27 AS 28.15.181(a)(5) or (8), submit proof of 28 (1) satisfaction of the terms of probation imposed under 29 AS 28.35.030(b)(1)(A)(i) if the person was sentenced under AS 28.15.181(c)(1); 30 (2) enrollment in and compliance with or completion of an alcoholism 31 education and rehabilitation treatment program approved under AS 47.37 if the person

01 was sentenced under AS 28.15.181(c)(2) [AS 28.15.181(c)(1)]; or 02 (3) [(2)] completion of and payment for an alcoholism education and 03 rehabilitation treatment program approved under AS 47.37 if the person was 04 sentenced [CONVICTED] under AS 28.15.181(c)(3) - (5) [AS 28.15.181(c)(2) - (4)]. 05 * Sec. 18. AS 28.15.281 is amended by adding a new subsection to read: 06 (c) A person who violates (b) of this section by knowingly allowing a person 07 who is not validly licensed as a result of a conviction under AS 28.35.030(n) to drive a 08 motor vehicle is, upon conviction, guilty of a class A misdemeanor, and the court shall 09 (1) revoke the person's driver's license, privilege to drive, or privilege 10 to obtain a license for 30 days; 11 (2) impose a minimum fine of $1,000; and 12 (3) require the person to complete an alcoholism program required 13 under AS 28.35.030(h). 14 * Sec. 19. AS 28.15.291(b) is amended to read: 15 (b) Upon conviction under (a) of this section, the court 16 (1) shall impose a minimum sentence of imprisonment 17 (A) if the person has not been previously convicted, of not less 18 than 10 days with 10 days suspended, including a mandatory condition of 19 probation that the defendant complete not less than 80 hours of community 20 work service; 21 (B) if the person has been previously convicted, of not less than 22 10 days; 23 (C) if the person's driver's license, privilege to drive, or 24 privilege to obtain a license was revoked under circumstances described in 25 AS 28.15.181(c)(1) or (2) [AS 28.15.181(c)(1),] or if the person was driving in 26 violation of a limited license issued under AS 28.15.201(d) or (e) following 27 that revocation, of not less than 20 days with 10 days suspended, and a fine of 28 not less than $500, including a mandatory condition of probation that the 29 defendant complete not less than 80 hours of community work service; 30 (D) if the person's driver's license, privilege to drive, or 31 privilege to obtain a license was revoked under circumstances described in

01 AS 28.15.181(c)(3), (4), or (5) [AS 28.15.181(c)(2), (3), OR (4)] or if the 02 person was driving in violation of a limited license issued under 03 AS 28.15.201(d) following that revocation, of not less than 30 days and a fine 04 of not less than $1,000; 05 (2) may impose additional conditions of probation; 06 (3) may not 07 (A) suspend execution of sentence or grant probation except on 08 condition that the person serve a minimum term of imprisonment and perform 09 required community work service as provided in (1) of this subsection; 10 (B) suspend imposition of sentence; and 11 (4) shall revoke the person's license, privilege to drive, or privilege to 12 obtain a license, and the person may not be issued a new license or a limited license 13 nor may the privilege to drive or obtain a license be restored for an additional period 14 of not less than 90 days after the date that the person would have been entitled to 15 restoration of driving privileges. 16 * Sec. 20. AS 28.33.030 is amended to read: 17 Sec. 28.33.030. Operating a commercial motor vehicle while under the 18 influence of an alcoholic beverage or controlled substance [INTOXICATED]. (a) 19 A person commits the crime of operating a commercial motor vehicle while under the 20 influence of an alcoholic beverage or controlled substance [INTOXICATED] if the 21 person operates a commercial motor vehicle 22 (1) while under the influence of an alcoholic beverage 23 [INTOXICATING LIQUOR] or any controlled substance; 24 (2) when, as determined by a chemical test taken within four hours 25 after the alleged offense was committed, there is 0.04 percent or more by weight of 26 alcohol in the person's blood or 40 milligrams or more of alcohol per 100 milliliters of 27 blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person's 28 breath; or 29 (3) while under the combined influence of an alcoholic beverage 30 [INTOXICATING LIQUOR] and a controlled substance. 31 (b) Operating a commercial motor vehicle while under the influence of an

01 alcoholic beverage or controlled substance [INTOXICATED] is a class A 02 misdemeanor. 03 (c) The sentencing of a person convicted under this section shall be in 04 accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, 05 and other provisions of AS 28.35.030, as if the person had been convicted of a 06 violation of AS 28.35.030. For purposes of sentencing, convictions for operating a 07 commercial motor vehicle while under the influence of an alcoholic beverage or 08 controlled substance [INTOXICATED] under this section, and for refusal to submit 09 to a chemical test under AS 28.33.032, if arising out of a single transaction, are 10 considered one previous conviction. 11 * Sec. 21. AS 28.33.031(a) is amended to read: 12 (a) A person who operates a commercial motor vehicle in this state is 13 considered to have given consent to a chemical test or tests 14 (1) of the person's breath if lawfully arrested for an offense arising out 15 of acts alleged to have been committed when the person was operating the commercial 16 motor vehicle while under the influence of an alcoholic beverage or controlled 17 substance [INTOXICATED]; the test or tests may be administered at the direction of 18 a law enforcement officer who has probable cause [REASONABLE GROUNDS] to 19 believe that the person was operating a commercial motor vehicle while under the 20 influence of an alcoholic beverage or controlled substance [INTOXICATED] in 21 violation of AS 28.33.030 or AS 28.35.030; 22 (2) of the person's breath and blood for the purpose of determining the 23 alcoholic content of the person's breath and blood and is considered to have given 24 consent to a chemical test or tests of the person's blood and urine for the purpose of 25 determining the presence of controlled substances in the person's blood and urine if 26 the person is involved in a motor vehicle accident that causes death or serious physical 27 injury to another person; the test or tests may be administered at the direction of a law 28 enforcement officer who has probable cause [REASONABLE GROUNDS] to 29 believe that the person was operating a commercial motor vehicle that was involved in 30 an accident causing death or serious physical injury to another person. 31 * Sec. 22. AS 28.33.031(c) is amended to read:

01 (c) A person who operates a commercial motor vehicle is considered to have 02 given consent to a preliminary breath test, at the direction of a law enforcement 03 officer, for the purpose of determining the alcoholic content of the person's blood or 04 breath. A law enforcement officer may administer a preliminary breath test if the 05 officer has probable cause [REASONABLE GROUNDS] to believe that the person's 06 ability to operate a commercial motor vehicle is impaired by the ingestion of alcoholic 07 beverages and that 08 (1) the commercial motor vehicle caused injury to person or property; 09 (2) the person violated the provisions of AS 28.33.130(a) or violated 10 the terms of an out-of-service order issued under AS 28.33.130; or 11 (3) the person unlawfully operated a commercial motor vehicle; in this 12 paragraph, "unlawfully" means in violation of any federal, state, or municipal statute, 13 regulation, or ordinance. 14 * Sec. 23. AS 28.33.033(a) is amended to read: 15 (a) Upon the trial of a civil or criminal action or proceedings arising out of 16 acts alleged to have been committed by a person operating a commercial motor 17 vehicle while under the influence of an alcoholic beverage [INTOXICATED] in 18 violation of AS 28.33.030, the following rules apply with regard to the amount of 19 alcohol in the person's blood or breath at the time alleged: 20 (1) if there was less than 0.04 percent by weight of alcohol in the 21 person's blood, or less than 40 milligrams of alcohol per 100 milliliters of the person's 22 blood, or less than 0.04 grams of alcohol per 210 liters of the person's breath, that fact 23 does not give rise to a presumption that the person was or was not under the influence 24 of an alcoholic beverage [INTOXICATING LIQUOR], but that fact may be 25 considered with other competent evidence in determining whether the person was 26 under the influence of an alcoholic beverage [INTOXICATING LIQUOR]; 27 (2) if there was 0.04 percent or more by weight of alcohol in the 28 person's blood, or 40 milligrams or more of alcohol per 100 milliliters of the person's 29 blood, or 0.04 grams or more of alcohol per 210 liters of the person's breath, it is 30 presumed that the person was under the influence of an alcoholic beverage 31 [INTOXICATING LIQUOR].

01 * Sec. 24. AS 28.33.033(c) is amended to read: 02 (c) The provisions of (a) of this section may not be construed to limit the 03 introduction of any other competent evidence bearing upon the question of whether 04 the person was or was not under the influence of an alcoholic beverage 05 [INTOXICATING LIQUOR]. 06 * Sec. 25. AS 28.33.140(a) is amended to read: 07 (a) In addition to the court action provided in AS 28.15.181, conviction of any 08 of the following offenses is grounds for immediate disqualification from driving a 09 commercial motor vehicle for the periods set out in this section: 10 (1) operating a commercial motor vehicle while under the influence 11 of an alcoholic beverage or controlled substance [INTOXICATED] in violation of 12 AS 28.33.030; 13 (2) refusal to submit to a chemical test in violation of AS 28.35.032; 14 (3) operating a motor vehicle while under the influence of an 15 alcoholic beverage or controlled substance [INTOXICATED] in violation of 16 AS 28.35.030; 17 (4) leaving the scene of an accident in violation of AS 28.35.060, or 18 failing to file, or providing false information in, an accident report in violation of 19 AS 28.35.110; 20 (5) a felony under state or federal law, which was facilitated because 21 the person used a commercial motor vehicle; 22 (6) a serious traffic violation; or 23 (7) driving after being placed out of service in violation of regulations 24 adopted under AS 28.05.011. 25 * Sec. 26. AS 28.35.030(a) is amended to read: 26 (a) A person commits the crime of driving while under the influence of an 27 alcoholic beverage or controlled substance [INTOXICATED] if the person operates 28 or drives a motor vehicle or operates an aircraft or a watercraft 29 (1) while under the influence of an alcoholic beverage 30 [INTOXICATING LIQUOR,] or any controlled substance; 31 (2) when, as determined by a chemical test taken within four hours

01 after the alleged offense was committed, there is 0.08 [0.10] percent or more by 02 weight of alcohol in the person's blood or 80 [100] milligrams or more of alcohol per 03 100 milliliters of blood, or when there is 0.08 [0.10] grams or more of alcohol per 210 04 liters of the person's breath; or 05 (3) while the person is under the combined influence of an alcoholic 06 beverage [INTOXICATING LIQUOR] and a controlled substance. 07 * Sec. 27. AS 28.35.030(b) is amended to read: 08 (b) Except as provided under (n) of this section, driving while under the 09 influence of an alcoholic beverage or controlled substance [INTOXICATED] is a 10 class A misdemeanor. Upon conviction, 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less 13 than $500 [$250] if the person has not been previously convicted, except that 14 if 15 (i) there were no aggravating circumstances 16 associated with the acts upon which the conviction is based and the 17 person had, as determined by a chemical test taken within four 18 hours after the alleged offense was committed, more than 0.08 19 percent but not more than 0.1 percent by weight of alcohol in the 20 person's blood or more than 80 milligrams but not more than 100 21 milligrams of alcohol per 100 milliliters of blood, or when there are 22 more than 0.08 grams but not more than 0.10 grams of alcohol per 23 210 liters of the person's breath, the court shall suspend the 24 execution of the sentence of imprisonment upon the condition that 25 the person successfully completes one year of probation during 26 which the person does not commit an alcohol-related offense or a 27 traffic offense, the person successfully completes the program 28 requirements imposed under (h) of this section, the person pays the 29 cost of treatment required under (h) of this section, and the person 30 pays the fine imposed by the court under this subparagraph; upon 31 determination by the court that the person has satisfied the terms

01 of probation, the court shall discharge the defendant; however, if 02 the court determines that the terms of probation have not been 03 satisfied within one year from the date on which the terms were set 04 by the court, the court shall require the execution of the sentence of 05 imprisonment determined under this subparagraph; 06 (ii) the person had, as determined by a chemical test 07 taken within four hours after the alleged offense was committed, 08 more than 0.10 percent by weight of alcohol in the person's blood 09 or more than 100 milligrams of alcohol per 100 milliliters of blood, 10 or when there are more than 0.10 grams of alcohol per 210 liters of 11 the person's breath, the court shall impose a fine of $1,500; 12 (B) not less than 30 [20] days and a fine of not less than $3,000 13 [$500] if the person has been previously convicted once, except as provided 14 under (q) of this section; 15 [(C) NOT LESS THAN 60 DAYS AND A FINE OF NOT 16 LESS THAN $1,000 IF THE PERSON HAS BEEN PREVIOUSLY 17 CONVICTED TWICE AND IS NOT SUBJECT TO PUNISHMENT UNDER 18 (n) OF THIS SECTION; 19 (D) NOT LESS THAN 120 DAYS AND A FINE OF NOT 20 LESS THAN $2,000 IF THE PERSON HAS BEEN PREVIOUSLY 21 CONVICTED THREE TIMES AND IS NOT SUBJECT TO PUNISHMENT 22 UNDER (n) OF THIS SECTION; 23 (E) NOT LESS THAN 240 DAYS AND A FINE OF NOT 24 LESS THAN $3,000 IF THE PERSON HAS BEEN PREVIOUSLY 25 CONVICTED FOUR TIMES AND IS NOT SUBJECT TO PUNISHMENT 26 UNDER (n) OF THIS SECTION; 27 (F) NOT LESS THAN 360 DAYS AND A FINE OF NOT 28 LESS THAN $4,000 IF THE PERSON HAS BEEN PREVIOUSLY 29 CONVICTED MORE THAN FOUR TIMES AND IS NOT SUBJECT TO 30 PUNISHMENT UNDER (n) OF THIS SECTION;] 31 (2) the court may not, except as provided under (1)(A)(i) of this

01 subsection, 02 (A) suspend execution of sentence or grant probation except on 03 condition that the person serve the minimum imprisonment under (1) of this 04 subsection; 05 (B) suspend imposition of sentence; 06 (3) the court shall revoke the person's driver's license, privilege to 07 drive, or privilege to obtain a license under AS 28.15.181, and may order the motor 08 vehicle or aircraft that was used in commission of the offense to be forfeited under 09 AS 28.35.036. 10 * Sec. 28. AS 28.35.030(h) is amended to read: 11 (h) The court shall order a person convicted under this section to satisfy the 12 screening, evaluation, referral, and program requirements of an alcohol safety action 13 program if such a program is available in the community where the person resides, or 14 a private or public treatment facility approved by the division of alcoholism and drug 15 abuse, of the Department of Health and Social Services, under AS 47.37 to make 16 referrals for rehabilitative treatment or to provide rehabilitative treatment. The 17 Department of Health and Social Services shall, by regulation, establish 18 standards for treatment required under this subsection. The treatment 19 standards established under this subsection must include compliance with alcohol 20 or drug treatment, anger management, counseling, parent training, and domestic 21 violence prevention. If a person is convicted under (n) of this section, the court shall 22 order the person to be evaluated as required by this subsection before the court 23 imposes sentence for the offense. Treatment required under this subsection shall 24 occur, as much as possible, when the person is incarcerated. The cost of 25 treatment required under this subsection shall be paid to the state by the person 26 being treated. The cost of treatment required to be paid to the state under this 27 subsection may not exceed $2,000. Upon the person's conviction, the court shall 28 include reimbursement of the cost of treatment as a part of the sentence. Except 29 for reimbursement from a permanent fund dividend as provided in this 30 subsection, payment of the cost of treatment is not required if the court 31 determines the person is indigent. For costs of treatment that are not paid by the

01 person as required by this subsection, the state shall seek reimbursement from 02 the person's permanent fund dividend as provided in AS 43.23.065. In this 03 subsection, "cost of treatment" does not include costs incurred as a result of 04 treatment not required under this subsection. 05 * Sec. 29. AS 28.35.030(k) is amended to read: 06 (k) Imprisonment required under (b)(1)(A) or (B) of this section shall be 07 served at a community residential center or, if a community residential center is not 08 available, at another appropriate place determined by the commissioner of corrections. 09 The cost of imprisonment resulting from the sentence imposed under (b)(1) of this 10 section shall be paid to the state by the person being sentenced provided, however, that 11 the cost of imprisonment required to be paid under this subsection may not exceed 12 $2,000 [$1,000]. Upon the person's conviction, the court shall include the costs of 13 imprisonment as a part of the judgment of conviction. Except for reimbursement from 14 a permanent fund dividend as provided in this subsection, payment of the cost of 15 imprisonment is not required if the court determines the person is indigent. For costs 16 of imprisonment that are not paid by the person as required by this subsection, the 17 state shall seek reimbursement from the person's permanent fund dividend as provided 18 under AS 43.23.065. While at the community residential center or other appropriate 19 place, a person sentenced under (b)(1)(A) of this section shall perform at least 24 20 hours of community service work, and a person sentenced under (b)(1)(B) of this 21 section shall perform at least 160 hours of community service work, as required by the 22 director of the community residential center or other appropriate place. In this 23 subsection, "appropriate place" means a facility with 24-hour on-site staff supervision 24 that is specifically adapted to provide a residence, and includes a correctional center, 25 [RESIDENTIAL TREATMENT FACILITY, HOSPITAL,] halfway house, group 26 home, work farm, work camp, or other place that provides varying levels of 27 restriction; "appropriate place" does not mean a residential treatment facility or a 28 hospital. 29 * Sec. 30. AS 28.35.030(n) is amended to read: 30 (n) A person is guilty of a class C felony if the person is convicted of driving 31 while under the influence of an alcoholic beverage or controlled substance

01 [INTOXICATED] and has been previously convicted two or more times [WITHIN 02 THE FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE]. For 03 purposes of determining minimum sentences based on previous convictions, the 04 provisions of (o)(4) of this section apply. Upon conviction, the court 05 (1) shall impose a fine of not less than $10,000 [$5,000] and, except as 06 provided under (q) of this section, a minimum sentence of imprisonment of not less 07 than 08 (A) one year [120 DAYS] if the person has been previously 09 convicted twice; 10 (B) two years [240 DAYS] if the person has been previously 11 convicted three times; 12 (C) three years [360 DAYS] if the person has been previously 13 convicted four or more times; 14 (2) may not 15 (A) suspend execution of sentence or grant probation except on 16 condition that the person serve the minimum imprisonment under (1) of this 17 subsection; or 18 (B) suspend imposition of sentence; 19 (3) shall permanently revoke the person's driver's license, privilege to 20 drive, or privilege to obtain a license subject to restoration of the license under (p) 21 of this section [UNDER AS 28.15.181(c)]; 22 (4) may order as a condition of probation or parole that the person take 23 a drug or combination of drugs, intended to prevent the consumption of an alcoholic 24 beverage; a condition of probation imposed under this paragraph is in addition to any 25 other condition authorized under another provision of law; [AND] 26 (5) shall [MAY] also order forfeiture under AS 28.35.036 of the 27 vehicle or aircraft used in the commission of the offense, subject to remission under 28 AS 28.35.037; and 29 (6) shall order the department to revoke the registration for any 30 vehicle or aircraft registered by the department in the name of the person 31 convicted under this subsection.

01 * Sec. 31. AS 28.35.030(o) is amended to read: 02 (o) In this section, 03 (1) [REPEALED 04 (2)] "operate an aircraft" means to [USE,] navigate, pilot, or taxi an 05 aircraft in the airspace over this state, or upon the land or water inside this state; 06 (2) "operate a motor vehicle" and "operate or drive a motor 07 vehicle" means to be in control of a moving motor vehicle; 08 (3) "operate a watercraft" means to navigate [OR USE] a vessel used 09 or capable of being used as a means of transportation on water for recreational or 10 commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial 11 limits or under the jurisdiction of the state; 12 (4) "previously convicted" means having been convicted in this or 13 another jurisdiction, [WITHIN 10 YEARS PRECEDING THE DATE OF THE 14 PRESENT OFFENSE,] of any of the following offenses; however, convictions for any 15 of these offenses, if arising out of a single transaction and a single arrest, are 16 considered one previous conviction: 17 (A) operating a motor vehicle, aircraft, or watercraft while 18 under the influence of an alcoholic beverage or controlled substance 19 [INTOXICATED,] in violation of this section or in violation of another law or 20 ordinance with similar elements, except that the other law or ordinance may 21 provide for a lower level of alcohol in the person's blood or breath than 22 imposed under (a)(2) of this section; 23 (B) refusal to submit to a chemical test in violation of 24 AS 28.35.032 or in violation of another law or ordinance with similar 25 elements; or 26 (C) operating a commercial motor vehicle while under the 27 influence of an alcoholic beverage or controlled substance 28 [INTOXICATED] in violation of AS 28.33.030 or in violation of another law 29 or ordinance with similar elements, except that the other law or ordinance may 30 provide for a lower level of alcohol in the person's blood or breath than 31 imposed under AS 28.33.030(a)(2).

01 * Sec. 32. AS 28.35.030 is amended by adding new subsections to read: 02 (p) Upon request, the department shall review a driver's license revocation 03 imposed under (n)(3) of this section and shall restore the driver's license if 04 (1) the license has been revoked for a period of at least 10 years; 05 (2) the person has not been convicted of a criminal offense since the 06 license was revoked; and 07 (3) the person provides proof of financial responsibility. 08 (q) If a person is convicted under this section and the person had, as 09 determined by a chemical test taken within four hours after the alleged offense was 10 committed, 0.16 percent or more by weight of alcohol in the person's blood or 160 11 milligrams or more of alcohol per 100 milliliters of blood, or when there are 0.16 12 grams or more of alcohol per 210 liters of the person's breath, the court shall 13 (1) add six months to the minimum sentence of imprisonment 14 otherwise required under this section; and 15 (2) require the person to complete a 30-day residential alcoholism 16 treatment program under (h) of this section if such a program is available in the 17 community where the person resides. 18 (r) A person who fails to satisfy alcoholism treatment requirements imposed 19 by the court or an authorized agency under (h) of this section is not eligible for good 20 time deductions credited under AS 33.20. 21 * Sec. 33. AS 28.35.031(a) is amended to read: 22 (a) A person who operates or drives a motor vehicle in this state or who 23 operates an aircraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(2)] or who 24 operates a watercraft as defined in AS 28.35.030(o) [AS 28.35.030(o)(3)] shall be 25 considered to have given consent to a chemical test or tests of the person's breath for 26 the purpose of determining the alcoholic content of the person's blood or breath if 27 lawfully arrested for an offense arising out of acts alleged to have been committed 28 while the person was operating or driving a motor vehicle or operating an aircraft or a 29 watercraft while under the influence of an alcoholic beverage or controlled 30 substance [INTOXICATED] or if lawfully arrested under AS 28.35.280 for the 31 offense of minor operating a vehicle after consuming alcohol. The test or tests shall

01 be administered at the direction of a law enforcement officer who has probable cause 02 [REASONABLE GROUNDS] to believe that the person was operating or driving a 03 motor vehicle or operating an aircraft or a watercraft in this state while under the 04 influence of an alcoholic beverage or controlled substance [INTOXICATED] or 05 that the person was a minor operating a vehicle after consuming alcohol. 06 * Sec. 34. AS 28.35.031(b) is amended to read: 07 (b) A person who operates or drives a motor vehicle in this state or who 08 operates an aircraft or watercraft shall be considered to have given consent to a 09 preliminary breath test for the purpose of determining the alcoholic content of the 10 person's blood or breath. A law enforcement officer may administer a preliminary 11 breath test at the scene of the incident if the officer has probable cause 12 [REASONABLE GROUNDS] to believe that a person's ability to operate a motor 13 vehicle, aircraft, or watercraft is impaired by the ingestion of alcoholic beverages and 14 that the person 15 (1) was operating or driving a motor vehicle, aircraft, or watercraft that 16 is involved in an accident; 17 (2) committed a moving traffic violation or unlawfully operated an 18 aircraft or watercraft; in this paragraph, "unlawfully" means in violation of any 19 federal, state, or municipal statute, regulation, or ordinance, except for violations that 20 do not provide reason to believe that the operator's ability to operate the aircraft or 21 watercraft was impaired by the ingestion of alcoholic beverages; or 22 (3) was operating or driving a motor vehicle in violation of 23 AS 28.35.029(a). 24 * Sec. 35. AS 28.35.031(g) is amended to read: 25 (g) A person who operates or drives a motor vehicle in this state shall be 26 considered to have given consent to a chemical test or tests of the person's breath and 27 blood for the purpose of determining the alcoholic content of the person's breath and 28 blood and shall be considered to have given consent to a chemical test or tests of the 29 person's blood and urine for the purpose of determining the presence of controlled 30 substances in the person's blood and urine if the person is involved in a motor vehicle 31 accident that causes death or serious physical injury to another person. The test or

01 tests may be administered at the direction of a law enforcement officer who has 02 probable cause [REASONABLE GROUNDS] to believe that the person was 03 operating or driving a motor vehicle in this state that was involved in an accident 04 causing death or serious physical injury to another person. 05 * Sec. 36. AS 28.35.032(a) is amended to read: 06 (a) If a person under arrest for operating a motor vehicle or aircraft while 07 under the influence of an alcoholic beverage or controlled substance 08 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 09 chemical test authorized under AS 28.33.031(a)(1) or AS 28.35.031(a), or if a person 10 involved in a motor vehicle accident that causes death or serious physical injury to 11 another person refuses the request of a law enforcement officer to submit to a 12 chemical test authorized under AS 28.33.031(a)(2) or AS 28.35.031(g), after being 13 advised by the officer that the refusal will result in the denial or revocation of the 14 driver's license, privilege to drive, or privilege to obtain a license, that the refusal may 15 be used against the person in a civil or criminal action or proceeding arising out of an 16 act alleged to have been committed by the person while operating a motor vehicle or 17 aircraft while under the influence of an alcoholic beverage or controlled substance 18 [INTOXICATED], and that the refusal is a crime, a chemical test may not be given, 19 except as provided by AS 28.35.035. If a person under arrest for operating a watercraft 20 while under the influence of an alcoholic beverage or controlled substance 21 [INTOXICATED] refuses the request of a law enforcement officer to submit to a 22 chemical test authorized under AS 28.35.031(a), after being advised by the officer that 23 the refusal may be used against the person in a civil or criminal action or proceeding 24 arising out of an act alleged to have been committed by the person while operating a 25 watercraft while under the influence of an alcoholic beverage or controlled 26 substance [INTOXICATED], and that the refusal is a crime, a chemical test may not 27 be given, except as provided by AS 28.35.035. 28 * Sec. 37. AS 28.35.032(e) is amended to read: 29 (e) The refusal of a person to submit to a chemical test authorized under 30 AS 28.33.031(a) or AS 28.35.031(a) or (g) is admissible evidence in a civil or criminal 31 action or proceeding arising out of an act alleged to have been committed by the

01 person while operating or driving a motor vehicle or operating an aircraft or watercraft 02 while under the influence of an alcoholic beverage or controlled substance 03 [INTOXICATED]. 04 * Sec. 38. AS 28.35.032(j) is amended to read: 05 (j) For purposes of this section, convictions for operating or driving while 06 under the influence of an alcoholic beverage or controlled substance 07 [INTOXICATED] under AS 28.33.030 or AS 28.35.030 and for refusal to submit to a 08 chemical test under this section, if arising out of a single transaction and a single 09 arrest, are considered one previous conviction. 10 * Sec. 39. AS 28.35.033(a) is amended to read: 11 (a) Upon the trial of a civil or criminal action or proceeding arising out of acts 12 alleged to have been committed by a person while operating or driving a motor vehicle 13 or operating an aircraft or a watercraft while under the influence of an alcoholic 14 beverage or controlled substance [INTOXICATED], the amount of alcohol in the 15 person's blood or breath at the time alleged shall give rise to the following 16 presumptions: 17 (1) If there was 0.04 [0.05] percent or less by weight of alcohol in the 18 person's blood, or 40 [50] milligrams or less of alcohol per 100 milliliters of the 19 person's blood, or 0.04 [0.05] grams or less of alcohol per 210 liters of the person's 20 breath, it shall be presumed that the person was not under the influence of an 21 alcoholic beverage [INTOXICATING LIQUOR]. 22 (2) If there was in excess of 0.04 [0.05] percent but less than 0.08 23 [0.10] percent by weight of alcohol in the person's blood, or in excess of 40 [50] but 24 less than 80 [100] milligrams of alcohol per 100 milliliters of the person's blood, or in 25 excess of 0.04 [0.05] grams but less than 0.08 [0.10] grams of alcohol per 210 liters of 26 the person's breath, that fact does not give rise to any presumption that the person was 27 or was not under the influence of an alcoholic beverage [INTOXICATING 28 LIQUOR], but that fact may be considered with other competent evidence in 29 determining whether the person was under the influence of an alcoholic beverage 30 [INTOXICATING LIQUOR]. 31 (3) [REPEALED

01 (4)] If there was 0.08 [0.10] percent or more by weight of alcohol in 02 the person's blood, or 80 [100] milligrams or more of alcohol per 100 milliliters of the 03 person's blood, or 0.08 [0.10] grams or more of alcohol per 210 liters of the person's 04 breath, it shall be presumed that the person was under the influence of an alcoholic 05 beverage [INTOXICATING LIQUOR]. 06 * Sec. 40. AS 28.35.033(e) is amended to read: 07 (e) The person tested may have a physician, or a qualified technician, chemist, 08 registered nurse, or other qualified person of the person's own choosing administer a 09 chemical test in addition to the test administered at the direction of a law enforcement 10 officer. The failure or inability to obtain an additional test by a person does not 11 preclude the admission of evidence relating to the test taken at the direction of a law 12 enforcement officer; the fact that the person under arrest sought to obtain such an 13 additional test, and failed or was unable so to do, is likewise admissible in evidence. 14 The person who administers the chemical test shall clearly and expressly inform 15 the person tested of that person's right to an independent test described under 16 this subsection, and, if the person being tested requests an independent test, the 17 department shall make reasonable and good-faith efforts to assist the person 18 being tested in contacting a person qualified to perform an independent chemical 19 test of the person's breath or blood. 20 * Sec. 41. AS 28.35.035(a) is amended to read: 21 (a) If a person is under arrest for an offense arising out of acts alleged to have 22 been committed while the person was operating a motor vehicle, aircraft, or watercraft 23 while under the influence of an alcoholic beverage or controlled substance 24 [INTOXICATED], and that arrest results from an accident that causes death or 25 physical injury to another person, a chemical test may be administered without the 26 consent of the person arrested to determine the amount of alcohol in that person's 27 breath or blood or to determine the presence of controlled substances in that person's 28 blood and urine. 29 * Sec. 42. AS 28.35.036(a) is amended to read: 30 (a) After conviction of an offense under AS 28.35.030 or 28.35.032, the state 31 shall [MAY] move the court to order the forfeiture of the motor vehicle [,] or aircraft

01 involved in the commission of the offense if the convicted person has been previously 02 convicted in this or another jurisdiction [OF MORE THAN ONE OF THE 03 FOLLOWING OFFENSES] or has [MORE THAN ONCE] been previously convicted 04 of one of the following offenses: 05 (1) driving while under the influence of an alcoholic beverage or 06 controlled substance [INTOXICATED] under AS 28.35.030 or another law or 07 ordinance with substantially similar elements; or 08 (2) refusal to submit to a chemical test under AS 28.35.032 or another 09 law or ordinance with substantially similar elements. 10 * Sec. 43. AS 28.35 is amended by adding a new section to read: 11 Article 7. Registration of Driving While Under the Influence Offenders. 12 Sec. 28.35.300. Registration of driving while under the influence 13 offenders. (a) A person who is convicted under AS 28.35.030(n) and who is 14 physically present in the state shall register as provided in this section. The person 15 shall register 16 (1) within the 30-day period before release from an in-state 17 correctional facility; 18 (2) by the next working day following conviction under 19 AS 28.35.030(n) if the offender is not incarcerated at the time of conviction; or 20 (3) by the next working day after becoming physically present in the 21 state. 22 (b) A person required to register under (a) of this section shall register with the 23 Department of Corrections if the person is incarcerated or in person at the Alaska state 24 trooper post or municipal police department located nearest to where the person 25 resides at the time of registration. To fulfill the registration requirement, the person 26 shall complete a registration form that includes, at a minimum, the person's name, 27 address, place of employment, and date of birth. 28 (c) If a person changes residence after having registered under (a) of this 29 section, the person shall provide written notice of the change by the next working day 30 following the change to the Alaska state trooper post or municipal police department 31 located nearest to the new residence or, if the residence change is out of state, to the

01 central registry. 02 (d) The registration form required to be submitted under (b) of this section and 03 the annual or quarterly verifications must be sworn to by the offender and contain an 04 admonition that a false statement shall subject the offender to prosecution for perjury. 05 (e) The duty of a person to comply with the requirements of this section 06 continues until the person's driver's license or privilege to obtain a driver's license is 07 restored under AS 28.35.030(p). 08 (f) In this section, "correctional facility" has the meaning given in 09 AS 33.30.901. 10 * Sec. 44. AS 47.37.040(14) is amended to read: 11 (14) cooperate with the Department of Public Safety and the 12 Department of Transportation and Public Facilities in establishing and conducting 13 programs designed to deal with the problem of persons operating motor vehicles while 14 under the influence of an alcoholic beverage or controlled substance 15 [INTOXICATED OR UNDER THE INFLUENCE OF DRUGS], and develop and 16 approve alcohol information courses required to be taken by drivers under AS 28.15 or 17 made available to drivers to reduce points assessed for violation of traffic laws; 18 * Sec. 45. Section 46 of this Act is repealed June 30, 2003. 19 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 PILOT PROJECT; COURT FOR DRIVING WHILE UNDER THE INFLUENCE OF 22 AN ALCOHOLIC BEVERAGE OR CONTROLLED SUBSTANCE. There is established in 23 the Alaska Court System a court for the purpose of supervising, counseling, evaluating, and 24 assisting individuals convicted of driving while under the influence of an alcoholic beverage 25 or controlled substance under AS 28.35.030(n) or refusal to submit to a chemical test under 26 AS 28.35.032. The court shall be established in a municipality with the largest population in 27 the state. The court may collaborate with local, state, and federal agencies to promote public 28 safety and to reduce recidivism rates for offenders. 29 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) Section 8 of this Act applies to registration of a motor vehicle

01 that occurs on or after the effective date of this Act. 02 (b) This Act applies to offenses committed on or after the effective date of this Act, 03 except that references to previous convictions include convictions occurring before, on, or 04 after the effective date of this Act. 05 * Sec. 48. This Act takes effect July 1, 2001.